PRIVACY POLICY

This notice explains how we handle your data when you take part in a programme we are producing. It includes the additional information at the end of the document (“Additional Information”) where we explain what we mean by “personal data”, “processing”, “special category data” and other terms used in the notice. This notice does not create contractual rights or obligations and may be amended by us at any time.

 

1. The data we hold and why we process it

We process data for the purposes of running our business including for production, broadcasting, distribution and marketing. The Additional Information section provides more specific information on these purposes, on the type of data that may be processed and on the grounds on which we process data.

 

2. Where the data comes from and who we share it with.

Some of the personal data that we process about you comes from you, which can include your name, age and email address. Other personal data about you is generated in the course of you taking part in the production and providing interviews and other filming contributions. It may be seen by our staff and contractors who are working on the production and we may also pass your data outside the organisation, for example for broadcast of the Programme itself, distribution and marketing purposes.

 

3. How long do we keep your personal data for?

We do not keep your personal data for any specific period but will not keep it for longer than is necessary for our purposes. In general, we will keep your personal data for so long as you take part in a production and for a period afterwards as we may need to refer to production paperwork and programme rushes for the purposes of programme compliance and legal reasons.

 

4. Transferring data outside the EEA.

We may transfer your personal data outside the EEA where we have a foreign server storage provider. If you featured in a production, the data constituting your performance may be transferred out of the EEA for programme broadcast, distribution and marketing purposes.

 

5. Your rights

You have a right to make a subject access request to receive information about the data that we process about you, as set out in the Additional Information.

 

6. Contact

In processing your personal data, we act as a data controller and our main point of contact for data-related matters is Audrey English.

 

Additional Information

 

1. Terminology

“personal data” is information relating to you that identifies you and includes not only facts about you, but also intentions and opinions about you.

 

Personal Data includes information held on, or relating to use of, a computer, laptop, mobile phone or similar device.  It covers data derived from equipment such as access passes within a building, data on use of vehicles and sound and image data such as CCTV. It also covers video, audio and images captured as part of a production.

 

"processing" means doing anything with the data, for example, it includes collecting it, holding it, disclosing it and deleting it.

special category data” is Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, health, sexual orientation, sex life, trade union membership and genetic and biometric data are subject to special protection and considered by EU privacy law to be “special category data”.

 

References in the Contributor Privacy Notice to work or services (and similar expressions) include any arrangement we may have under which an individual provides us services in relation to a production. We use the word “you” to refer to anyone within the scope of the notice.

 

 

2. Legal grounds for processing Personal Data

Under data protection law, there are various grounds for legitimately processing personal data. In some contexts more than one ground applies which are summarised below as Legal obligation, Legitimate Interests and Consent and outline what those terms mean in the following table.

 

Term Ground for processing Explanation
Legal obligation Processing necessary to comply with our legal obligations Ensuring we perform our legal and regulatory obligations. For example, compliance with the Ofcom broadcast code or other regulation.
Legitimate Interests Processing necessary for our or a third party’s legitimate interests We or a third party have legitimate interests in carrying on, managing and administering our respective businesses effectively and properly and in connection with those interests processing your data.  Your data will not be processed on this basis if our or a third party’s interests are overridden by your own interests, rights and freedoms.
Consent You have given specific consent to processing your data In general processing of your data in connection with the services you provide is not conditional on your consent, although there may be general exceptions to this.

 

3. Processing Special category data

If we process special category data about you, we will only carry this out for one of the permitted reasons under Schedule 8 of the Data Protection Act 2018, including where it is necessary at law or where there is substantial public interest in doing so.

 

4. Further information on data we process

The following is a short list of examples of what kind of personal data we may process and the grounds for doing so.  We may also require criminal background checks for certain roles – for example those working with minors.

 

Purpose Examples of personal data that may be processed Grounds

for processing

Engagement Information concerning your taking part in our productions and our assessment of it, your references, any checks we may make to verify information provided or background checks.  If relevant, we may also process information concerning your health, any disability and in connection with any adjustments to filming arrangements. Legal obligation

Legitimate interests

Contacting  you or others on your behalf Your address and phone number, emergency contact information and information on your next of kin. Legitimate interests
Enabling the creation, sale and distribution or  broadcast of a production you are taking part in Information connected with your participation including, the processing of images/ video/ audio of you.

 

Legal obligation

Legitimate interests

Providing details in connection with your seeking to participate on other production Information on your taking part in one of our productions. Consent

Legitimate interests

Monitoring of diversity and equal opportunities Information on your nationality, racial and ethnic origin, gender, sexual orientation, religion, disability and age as part of diversity monitoring initiatives. Such data will be aggregated and used for equality of opportunity monitoring purposes. Please note we may share aggregated and anonymised diversity statistics with regulators if formally required / requested. Legitimate interests
Disputes and legal proceedings Any information relevant or potentially relevant to a dispute or legal proceeding affecting us. Legitimate interests

Legal obligation

Day to day business operations including marketing and travel on our behalf Information relating to your participation in a programme. This may include a picture or profile of you.

Information regarding your travel arrangements and location.

Legitimate interests
Maintaining appropriate business records during and after your participation in a programme Information relating to your participation in one of our productions. Legal obligation

Legitimate interests

 

If you are appearing in one of programmes, on some occasions we or third parties will rely upon exemptions to data protection rules in relation to journalistic freedom, the right to artistic expression or more generally, the right to freedom of expression (as mentioned in article 85 of the General Data Protection Regulation and in various jurisdictions’ data protection rules, for example in the UK’s Data Protection Bill section on the exemption for ‘journalistic, academic, artistic or literary purposes’.

 

5. Where data comes from

When you participate in one of our productions, the initial data about you that we process is likely to come from you:  for example, contact details

 

6. Who gets to see your data

Internal use: Your personal data may be disclosed to our employees working on your production.

 

External use: We will only disclose your personal data outside our company if disclosure is consistent with a ground for processing on which we rely and doing so is lawful and fair to you. We may disclose your data if it is necessary for our legitimate interests as an organisation or the interests of a third party (but we will not do this if these interests are over-ridden by your interests and rights in particular to privacy).

 

Specific circumstances in which your personal data may be disclosed include:

 

  • Disclosure to external recipients of electronic communications (such as emails) which contain your personal data.
  • Disclosure of aggregated and anonymised diversity data to relevant regulators as part of a formal request.
  • If you have an on-screen role, disclosure of footage, images, or audio recordings of you as part of the broadcasting, distribution and marketing of the production. Or, whether you have an on-screen or off-screen role, to allow us to credit your role.

 

7. Retaining your Personal Data

Although there is no specific period for which we will keep your personal data, we will not keep it for longer than is necessary for our purposes.  In general, we will keep your personal data until the show has been produced and for a period afterwards.  In considering how long to keep it, we will take into account its relevance to our business and your participation either as a record or in the event of a legal claim. Some data, such as production footage itself and credit information, will be kept indefinitely as we have an on-going legitimate interest in retaining the product.

 

8. Access to your Personal Data and other rights.

 

We try to be as open as we reasonably can about personal data that we process.  If you would like specific information, just ask us.

 

You also have a legal right to make a “subject access request”.  If you exercise this right and we hold personal data about you, we are required to provide you with information on it, including:

  • Giving you a description and copy of the personal data
  • Telling you why we are processing it

 

 

 

 

If you make a subject access request and there is any question about who you are, we may require you to provide information from which we can satisfy ourselves as to your identity.

 

As well as your subject access right, you may have a legal right to have your personal data rectified or erased, to object to its processing or to have its processing restricted.  If you have provided us with data about yourself, for example your address, you have the right to be given the data in machine readable format for transmitting to another data controller.  This only applies if the ground for processing is Consent.

 

If we have relied on consent as a ground for processing, you may withdraw consent at any time – though if you do so that will not affect the lawfulness of what we have done before you withdraw consent

 

9. Complaints

If you have complaints relating to our processing of your personal data, you should raise these with your key contact at the production in the first instance. You may also raise complaints with your statutory regulator.  For contact and other details ask your key contact at the production.

 

WEBSITE TERMS OF USE

These terms tell you the rules for using our website https://www.lambentproductions.co.uk/. Please read these terms carefully before using our site.

WHO ARE WE AND HOW TO CONTACT US

https://www.lambentproductions.co.uk/ is a site operated by Lambent. We are a UK based company and can be contacted at info@lambentproductions.co.uk.

BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.

We provide the site on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on our site.

OTHER TERMS THAT APPLY TO YOU

These terms of use refer to our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us, and information about the cookies on our site. By using our site, you consent to such processing and warrant that all data provided by you is accurate.

WE MAY MAKE CHANGES TO THESE TERMS

We may make changes to these terms from time to time. Please check this page occasionally to see any updates or changes to them.

 

WE MAY SUSPEND OR WITHDRAW OUR SITE

Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.

You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.

 

HOW YOU MAY USE MATERIAL ON OUR SITE

We own all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties. All such rights are reserved.

You may print one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the content for commercial purposes without obtaining a licence to do so from us.

Our status as the owner of content on our site must always be acknowledged.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

 

LOSS OR DAMAGE SUFFERED BY YOU

To the maximum extent permitted by law, we expressly exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:-

  • use of, or inability to use, our site;
  • use of or reliance on any content displayed on our site.

In particular, we will not be liable for:-

  • loss of profits, sales, business or revenue;
  • business interruption;
  • loss of anticipated savings, business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

 

WE ARE NOT RESPONSIBLE FOR MALWARE AND VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be secure or free from bugs, malware or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, malware, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.  You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.  By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact info@lambentproductions.co.uk.

 

LAW THAT APPLIES TO ANY DISPUTES

These terms of use, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

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